07 May How is Fault Determined for Car Accidents?
No matter how careful you are while driving, it is impossible to control the actions of other drivers. When another driver is irresponsible, it can lead to an unfortunate accident. If you find yourself in this situation, our car accident lawyer in Queens NY is here to help. At Tannenbaum, Bellantone & Silver, P.C., we have helped countless individuals achieve compensation for any losses they’ve suffered following an automobile accident. Continue reading to learn how fault is determined for car accidents.
If you’ve been involved in a car accident and incurred damage to your vehicle or were injured, you’re probably wondering about your options for getting compensated. After an accident, finding the at-fault party is a fundamental step because the at-fault party will be responsible for paying the resulting damages. When a driver does not follow traffic laws, it can be easier to determine negligence. However, in other accidents, fault may not be as apparent.
Multiple entities may decide who was at fault, which can further complicate matters. If you have concerns about your level of fault, our car accident lawyer in Queens NY, can help you. Insurance companies, law enforcement, and the courts will rely on evidence of the accident to determine fault. Some of these factors can include:
- Police reports.
- Driver statements.
- Damage to the vehicles.
- Witness statements.
- Medical records.
- Road and weather conditions.
New York is a no-fault state. This means that following a car accident, you will need to file a claim under your personal injury protection insurance to be compensated for any financial losses or medical bills, regardless of who caused the crash. If your injury claim meets specific criteria, you may be able to bring your claim directly against the driver who is at fault. It can be challenging to bring your claim to the at-fault driver without the help of a car accident lawyer in Queens NY. If your injuries or damages pass the “serious injury” threshold, you will be able to go past a no-fault claim. Here are the conditions that are included in this category:
- Permanent loss of use of a bodily function or organ.
- Significant disfigurement.
When pursuing a claim outside of the no-fault system in New York, comparative negligence law is used for determining fault. Suppose the other driver was entirely at fault for the accident. In that case, they will be responsible for paying any medical bills, lost wages, or other losses you may have suffered through their insurance carrier. If you were partly to blame for the accident, you may be awarded damages based on a percentage equal to your share of fault.
The court determines the percentage of fault as they look at all circumstances surrounding the accident. Factors including traffic control devices, weather conditions, cell phone usage, and speed limits will come into play. The comparative negligence rule binds the judge and can also guide the insurance claims adjuster when they are evaluating your case. The adjuster will typically make their decision based on what may happen in court. You shouldn’t let this prevent you from pursuing your claim. Instead, talk to our car accident lawyer in Queens NY about your situation so they can help you determine the best course of action.
Contact Our Car Accident Lawyer Queens NY
In New York, several different factors will contribute to a car accident case. Minor accidents are typically settled outside of court. However, if you or a loved one has suffered a grave or severe injury, or your medical expenses have exceeded what your insurance covers, you should seek out a car accident lawyer in Queens NY immediately. At Tannenbaum, Bellantone, & Silver, P.C., our experienced team will thoroughly assess your case and determine the best course of action to secure a favorable outcome. Contact our law office today to schedule your consultation.